Room Poa’s Terms

  1. Introduction

These terms, all policies, all guidelines and additional terms posted on and in our sites, applications, tools and services (collectively “Services") set out the terms and conditions on which Room Poa offers you access to and use of our Services.

Your legal and binding agreement with Room Poa is made up of (A) the terms and conditions set out here, (B) Room Poa’s Privacy Policy, (C) any and all other policies, guidelines and additional terms posted on and in our Services (collectively called the “Terms”).

In these Terms, all Room Poa entities are individually and collectively referred to as “Room Poa," “we," or “us."

You agree and accept to fully comply with all of the terms and conditions of these Terms when accessing or using our Services. Please thoroughly read and fully understand these Terms. By using or accessing our Services in any way, you will be deemed to have thoroughly read, fully understand, fully agreed, willingly and knowingly accepted everything contained herein. If you haven’t thoroughly read, fully understand, fully agreed, willingly and knowingly accepted everything contained herein, don’t use or access our Services in any way. By using or accessing Room Poa, you are agreeing, consenting and accepting to be bound by the terms and conditions of these Terms, all applicable laws, rules and regulations, and agree that you are solely and individually responsible for compliance with the Terms, any applicable laws, rules and regulations. If you do not agree with, consent to, and accept, any of these terms, you are unconditionally prohibited from using or accessing Room Poa.

  1. 2. About Room Poa

Room Poa is a platform that allows users to market, promote, advertise, offer, sell and buy just about any home or office furniture, décor, goods and services in a variety of pricing formats, categories and locations. The actual contract for sale is directly and solely between the seller and buyer. Room Poa is not a traditional auctioneer.

While we may provide contacts, location, pricing, shipping, listing, sourcing, and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. It’s solely your decision and choice. Also, while we may help facilitate the resolution of disputes through various programs, Room Poa has no control over and does not guarantee: the existence, availability, quality, safety or legality of items advertised; the truth or accuracy of users’ content or listings; the ability of sellers to sell or deliver items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.

  1. Using Room Poa

In connection with using or accessing the Services you will not:

  • use a false e-mail address, false username, impersonate any person or entity, or otherwise mislead as to the content.
  • post, list or upload content or items in inappropriate categories or areas on our sites;
  • breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status;
  • use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
  • fail to pay for items purchased by you;
  • materially change the item’s description after a user has bid;
  • make clear typographical error in your listing;
  • be unavailable or hard to be contacted by buyers;
  • fail to deliver items sold by you;
  • as a buyer fail to comply with the posted terms in a listing;
  • be unavailable or hard to be contacted by your sellers;
  • manipulate the price of any item or interfere with any other user’s listings;
  • fail to keep all your contacts and personal information up-to-date;
  • fail to maintain and keep all your listings up-to-date;
  • fail to remove your listing from Room Poa immediately you stop offering what you have posted in your listing;
  • post false, inaccurate, misleading, deceptive, defamatory, harmful, inciting or libelous content;
  • take any action that may undermine the feedback or ratings systems
  • transfer your Room Poa account (including Feedback) and user ID to another party without our consent;
  • distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm Room Poa or the interests or property of users;
  • use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose;
  • interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
  • export or re-export any Room Poa application or tool, except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
  • infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, “Intellectual Property Rights") that belong to or are licensed to Room Poa. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to Room Poa or someone else;
  • infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belong to you;
  • commercialize any Room Poa application or any information or software associated with such application, except with the prior express permission of Room Poa;
  • harvest or otherwise collect information about users; or
  • circumvent any technical measures we use to provide the Services.

Sellers must meet all legal and statutory requirements and standards in their respective jurisdictions, and all Room Poa terms stipulated in the Terms. Failure to meet these requirements and standards may result in Room Poa charging you additional fees, and/or limiting, restricting, suspending, or downgrading your seller account.

If we believe you are abusing Room Poa and/or our Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.

If we believe you are violating any of our policies, you may be subject to a range of actions, including limits on your buying and selling privileges, restrictions on listings and account features, suspension of your account, application of fees, and recovery of expenses for policy monitoring and enforcement.

We may, at any time and without any prior notice, cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, we reserve the right to refuse or terminate all or part of our Services to anyone for any reason at our sole discretion.

  1. Policy Enforcement

When a buyer or seller issue arises, we may consider the user’s performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both buyers and sellers. Room Poa may not handle any issue between sellers and buyers.

  1. Fees

The fees we charge for using our Services are listed on our Services. We may, at our sole discretion, change our seller fees from time to time by posting the changes on Room Poa site 24 hours in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees.

If you are a seller, you are liable for all fees relating to your membership on Room Poa.

You may need your own Room Poa account to use certain Room Poa Services, and you may be required to be logged in to the account and have a valid payment method associated with it and pay all fees and applicable taxes associated with our Services by the payment due date. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account, retain collection agencies and legal counsel, and, for accounts over one day past due, request that your payment service provider deduct the amount owed from your account balance. In addition, you will be subject to late fees. Room Poa, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. If you wish to dispute the information a collection agency reported to a credit bureau regarding your Room Poa account, you must contact the collection agency directly.

Seller fees don’t purchase exclusive rights to item exposure on Room Poa, whether on a web page, mobile app, or otherwise. We may, in our sole discretion and without consent from, or payment, fee reduction, or other credit to, sellers, display third-party advertisements (including links and references thereto) or other content in any part of our Services.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the Room Poa Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their Room Poa Household. Room Poa reserves the right to refuse service, terminate accounts, terminate your rights to use Room Poa Services, remove or edit content, or cancel listings in its sole discretion.

  1. Listing Conditions

When listing an item, you agree to comply with Room Poa’s listing policies and selling practices policy and that:

  • You are responsible for the accuracy and content of the listing and item or service offered
  • Your listing may not be immediately searchable by keyword or category for several hours. Room Poa can’t guarantee exact listing durations
  • When you use the listing tool to create listings, your fixed-price listings may renew automatically, until you cancel the listing
  • Content that violates any of Room Poa’s policies may be deleted at Room Poa’s discretion
  • We may revise product data associated with listings to supplement, remove, or correct information
  • We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results may depend on a variety of factors, including, but not limited to:
    • buyer’s location, search query, browsing site, and history;
    • item’s location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;
    • seller’s history, including listing practices, seller ratings, Room Poa policy compliance, Feedback, and defect rate; and
    • number of listings matching the buyer’s query
  • To drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer
  • Some advanced listing upgrades may only be visible on certain Services
  • Do not duplicate your listings on Room Poa
  • Metatags and URL links that are included in a listing may be removed or altered so as to not affect third-party search engine results
  • We may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results will vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your individual listings to those of other sellers.
  1. Purchase Conditions

When buying an item, you agree to Room Poa terms and that:

  • You are responsible for reading and fully understanding the full item listing before making a bid or commitment to buy
  • You enter into a legally binding contract to purchase an item when you commit to buy an item, your offer for an item is accepted, or if you have the winning bid (or your bid is otherwise accepted)
  • We do not transfer legal ownership of items from the seller to the buyer
  • Bidding on or buying an item when you have no intention of completing the transaction, or circumventing a seller’s buyer requirements, is unwelcome and not accepted
  • Room Poa does not endorse any seller, goods or services
  • If you decide to engage with a seller, you do so at your own discretion and risk.
  • You are fully responsible for all the decisions on any seller, items or services on Room Poa
  • Use common sense
  1. International Buying and Selling; Translation

Many of our Services are accessible to international sellers and buyers. We may offer certain programs, tools, and site experiences of particular interest to international sellers and buyers. The appearance of your listings is not guaranteed. Sellers and buyers are responsible for complying with all applicable laws and regulations.

You authorize us to use automated tools to translate your Room Poa content and member-to-member communications, in whole or in part, into local languages where such translation solutions are available. The accuracy and availability of any translation are not guaranteed.

  1. Content

When providing content using the Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights (as defined above) you have in that content in connection with our provision, expansion, and promotion of the Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce against Room Poa, our assignees, our sublicensees, and their assignees your Intellectual Property Rights in that content in connection with our, those assignees’, and those sublicensees’ use of that content in connection with our provision, expansion, and promotion of the Services.

You represent and warrant that, for all such content you provide is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam" or unsolicited commercial electronic messages. Room Poa reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under these Terms. You grant Room Poa and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with these Terms, does not and will not infringe any Intellectual Property Rights of any third party, and does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Room Poa for all claims resulting from content you supply. Room Poa has the right but not the obligation to monitor and edit or remove any activity or content. Room Poa takes no responsibility and assumes no liability for any content provided by you or any third party.

We offer product data (including images, videos, descriptions and specifications) that are provided by third parties (including Room Poa users). You may use that content solely in your Room Poa listings. Room Poa may modify or revoke that permission at any time in our sole discretion. The product data includes copyrighted, trademarked and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in the product data and not to create any derivative works based on that data (other than by including the data in your listings).

We cannot promise that the content provided through the Services will always be available, accurate, complete, and up-to-date. You agree that Room Poa is not responsible for examining or warranting the listings or content provided by third parties through the Services, and that you will not attempt to hold us or our data providers liable for inaccuracies. As a seller, you agree to ensure that content associated with your listings is accurate.

Room Poa does not warrant that product descriptions or other content of any Room Poa Service is accurate, complete, reliable, current, or error-free. If a product or service offered by sellers themselves is not as described, your sole remedy is to resolve the issue with the seller directly or take legal action against the seller themselves.

The name “Room Poa" and other Room Poa marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of Room Poa in Kenya and other countries. They may not be used without the express written prior permission of Room Poa.

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Room Poa Service are trademarks or trade dress of Room Poa in Kenya and other countries. Room Poa’s trademarks and trade dress may not be used in connection with any product or service that is not Room Poa’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Room Poa. All other trademarks not owned by Room Poa that appear in any Room Poa Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Room Poa.

  1. Notice for Claims of Intellectual Property Violations and Copyright Infringement

We respond to notices of alleged copyright infringement. under the United States Digital Millennium Copyright Act. Room Poa’s may work to ensure that listed items and content on our site or in our apps do not infringe upon the copyright, trademark, or certain other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify us through the contacts on our platforms and our team will investigate.

  1. Holds

To protect Room Poa from risk of liability for your actions as a seller, Room Poa has at times recommended, and may continue to recommend, that your payment service provider restrict access to funds in a seller’s payment account based on certain factors, including, but not limited to, selling history, seller performance, returns, riskiness of the listing category or transaction value. This may result in your payment service provider restricting funds in your payment account.

  1. Authorization to Contact You; Recording Calls; Analyzing Message Content

When you use Room Poa Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, calls, mobile push notices, or notices and messages. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Room Poa may, at Room Poa’s sole discretion, contact you at any telephone number that you have provided us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; or (vi) as otherwise necessary to service your account or enforce these Terms, our policies, applicable law, or any other agreement we may have with you. Room Poa may also contact you using autodialed or prerecorded calls and text messages for marketing purposes (e.g., offers and promotions). Our collection, use, disclosure, retention, and protection of your personal information is governed by the privacy policy. Room Poa may collect other telephone numbers for you and may place manual non-marketing calls to any of those numbers and autodialed non-marketing calls to any mobile phone or landline. Standard telephone minute and text charges may apply and may include overage fees.

Room Poa may share your telephone number with its authorized service providers. These service providers may contact you using calls and text messages.

Room Poa may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Room Poa or its agents for records, quality control and training purposes, or for its own protection.

Room Poa’s automated systems scan and analyze the contents of every message sent through its messages platform, including messages between users, to detect and prevent fraudulent activity or violations of Room Poa’s Terms, including the incorporated terms, notices, rules, and policies. This scanning and analysis may occur before, during, or after the message is sent, or while in storage, and may result in your message being delayed or withheld. Room Poa may store message contents, including to conduct this scanning and analysis.

Privacy of Others; Marketing

If Room Poa provides you with information about another user, you agree you will use the information only for the purposes that it is provided to you. You may not disclose, sell, rent, or distribute a user’s information to a third party for purposes unrelated to the Services. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the written consent of the specific user to do so.

  1. Additional Terms

Any transaction done between a seller and a buyer is none of Room Poa’s business, and does not involve Room Poa in any way. It’s solely done at your own risk and free choice. Before engaging in any business dealings, conduct due diligence, involve professionals, consult widely, engage your legal counsel, think twice and use common sense. You are solely responsible for all the decisions and choices you make, and the risks you take.

  1. Disclaimer of Warranties; Limitation of Liability

We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Update and notification functionality in Room Poa’s applications may not occur in real time. Such functionality is subject to delays beyond Room Poa’s control.

You agree that you are making use of our Services and all information, content, materials, products (including software) and other Services included on or otherwise made available to you through the Room Poa Services at your own risk, and that they are being provided to you on an “AS IS" and “AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement. Room Poa does not warrant that the Room Poa Services, information, content, materials, products (including software) or other services included on or otherwise made available to you through the Room Poa Services, Room Poa’s servers or electronic communications sent from Room Poa are free of viruses or other harmful components. To the full extent permissible by law, Room Poa will not be liable for any damages of any kind arising from the use of any Room Poa Service, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through any Room Poa Services, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:

  • the content you provide (directly or indirectly) using the Services;
  • your use of or your inability to use our Services;
  • pricing, shipping, format, or other guidance provided by Room Poa;
  • quality, availability, existence or accuracy of items and services listed on Room Poa;
  • delays or disruptions in our Services;
  • viruses or other malicious software obtained by accessing or linking to our Services;
  • glitches, bugs, errors, or inaccuracies of any kind in our Services;
  • damage to your hardware device from the use of any Room Poa Service;
  • the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
  • a suspension or other action taken with respect to your account or breach of the Abusing Room Poa Section above;
  • the duration or manner in which your listings appear in search results as set out in the Listing Conditions Section above; or
  • your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to these Terms or our policies.
  • any other reason, known or unknown

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due under the Room Poa policies up to the price the item was paid for to Room Poa (including any applicable sales tax) (b) the amount of fees in dispute not to exceed the total fees, which you paid to us in the last one month prior to the action giving rise to the liability, or (c) Kenyan Shillings 100.

These Terms shall be provided in English. Errors and omissions are expected. Errors, omissions, grammatical errors, typos, improper sentence constructions, misspellings or any other language errors shall not affect the spirit or the intended interpretation by Room Poa of any part of these Terms.

  1. Release

If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

  1. Indemnity

You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms, your improper use of Room Poa’s Services or your breach of any law or the rights of a third party.

  1. Legal Disputes

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND ROOM POA HAVE AGAINST EACH OTHER ARE RESOLVED.

You and Room Poa agree that any claim or dispute at law or equity that has arisen, or may arise, between you and Room Poa (including any claim or dispute between you and a third-party agent of Room Poa) that relates in any way to or arises out of this or previous versions of these Terms, your use of or access to the Services, the actions of Room Poa or its agents, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.

    A. Applicable Law

You agree that, except to the extent inconsistent with or preempted by Kenyan law, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute that has arisen or may arise between you and Room Poa, except as otherwise stated in these Terms.

    B. Agreement to Arbitrate

You and Room Poa each agree that any and all disputes or claims that have arisen, or may arise, between you and Room Poa (including any disputes or claims between you and a third-party agent of Room Poa) that relate in any way to or arise out of this or previous versions of the Terms, your use of or access to the Services, the actions of Room Poa or its agents, or any products or services sold, offered, or purchased through the Services shall be resolved exclusively through final and binding arbitration, rather than in court.

  1. Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND ROOM POA AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND ROOM POA AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court, subject to your and Room Poa’s right to appeal the court’s decision. All other claims will be arbitrated.

  1. Arbitration Procedures

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of the Terms as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief"), shall be for a court of competent jurisdiction to decide.

The arbitration will be conducted by an arbitrator appointed by Room Poa in good faith. The use of the word “arbitrator" in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration; A party who intends to seek arbitration must first send to the other, by certified mail.

The Notice to Room Poa should be sent to huduma@roompoa.com. Room Poa will send any Notice to you to the email address we have on file associated with your Room Poa account; it is your responsibility to keep your email address up to date. All information needed must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.

If you and Room Poa are unable to resolve the claims described within 30 days after the Notice is sent, you or Room Poa may initiate arbitration proceedings. Any settlement offer made by you or Room Poa shall not be disclosed to the arbitrator.

The arbitration hearing shall be held solely in the county of Room Poa’s. If the value of the relief sought is KES 10,000 or less, you or Room Poa may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Room Poa subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Room Poa may attend by telephone, unless Room Poa requires otherwise.

The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Room Poa user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

  1. Costs of Arbitration

Payment of all filing, administration and arbitrator fees will be governed by Room Poa’s rules, unless otherwise stated in this Agreement to Arbitrate. You agree to reimburse Room Poa for all fees associated with the arbitration paid by Room Poa on your behalf.

  1. Severability

With the exception of any of the provisions in Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief"), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.

  1. Opt-Out

If you have not read, not fully understood, do not agree and do not fully accept these Terms or any part(s) of these Terms whatsoever, then don’t use our Services at all and in any way. By using or accessing our Services in any way, you would have been deemed to have fully read, fully understood and fully accepted all Terms and conditions set forth in these Terms.

  1. Future Amendments to the Agreement to Arbitrate

Notwithstanding any provision in the Terms to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Room Poa prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and Room Poa. We may notify you of amendments to this Agreement to Arbitrate by posting the amended terms on www.roompoa.com. If you do not agree to these amended terms, you may close your account immediately.

    C. Judicial Forum for Legal Disputes

Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and Room Poa must be resolved exclusively by a magistrate court located in Nairobi County, Kenya, or at a court of Room Poa’s sole choosing. You and Room Poa agree to submit to the personal jurisdiction of the courts located within Nairobi County, Kenya, or at a court of Room Poa’s sole choosing, for the purpose of litigating all such claims or disputes.

  1. General

Except as otherwise provided in these Terms, if any provision of these Terms is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign these Terms, and in such event, we may post notice on www.roompoa.com.

Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms.

Please review our other policies, such as our privacy policy, posted on this site. These policies also govern your use of Room Poa Services.

We may amend these Terms at any time by posting the amended terms on www.roompoa.com. Our right to amend the Terms includes the right to modify, add to, or remove terms in the Terms. Your continued access or use of our Services constitutes your willing acceptance of the amended terms. We may also, at our sole discretion, ask you to acknowledge your acceptance of the Terms through an electronic click-through. These Terms shall not otherwise be amended by you.

The policies and terms posted on our Services may be changed from time to time. Changes take effect when we post them on the Room Poa Service. If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to these Terms. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.

The Terms and all terms and polices posted through our Services set forth the entire understanding and agreement between you and Room Poa, and supersede all prior understandings and agreements of the parties.

The following Sections survive any termination of these Terms: Fees, Content, Disclaimer of Warranties; Limitation of Liability; Release, Indemnity, Legal Disputes, and General.

  1. License and Access

Subject to your compliance with these Terms and any Room Poa policies, and your payment of any applicable fees, Room Poa or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Room Poa Services. This license does not include any resale or commercial use of any Room Poa Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Room Poa Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms and any Room Poa policies are reserved and retained by Room Poa or its licensors, suppliers, publishers, rightsholders, or other content providers. No Room Poa Service, nor any part of any Room Poa Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Room Poa. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Room Poa without express written consent. You may not use any meta tags or any other “hidden text" utilizing Room Poa’s name or trademarks without the express written consent of Room Poa. You may not misuse the Room Poa Services. You may use the Room Poa Services only as permitted by Room Poa and the law. The licenses granted by Room Poa terminate if you do not comply with these Terms and any Room Poa policies.

  1. Other Businesses

Parties other than Room Poa post their products on Room Poa, or sell product through the Room Poa Services. In addition, we provide links to the sites of other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Room Poa. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Room Poa does not assume any responsibility or liability for the actions, product, services and content of all these and any other third parties. You should carefully review their privacy statements and other terms of service.

  1. Additional Room Poa Software Terms

The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Room Poa Services (the “Room Poa Software").

  1. Use of the Room Poa Software.You may use Room Poa Software solely for purposes of enabling you to use the Room Poa Services as provided by Room Poa, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the Room Poa Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Room Poa Software in whole or in part. All software used in any Room Poa Service is the property of Room Poa or its software suppliers and is protected by Kenyan and international copyright laws.
  2. Use of Third Party Services.When you use the Room Poa Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
  3. No Reverse Engineering.You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Room Poa Software, whether in whole or in part.
  4. We may offer automatic or manual updates to the Room Poa Software at any time and without notice to you.
  5. In the event of any conflict between these Terms and any other Room Poa or third-party terms applicable to any portion of Room Poa Software, such as open-source license terms, such other terms will control as to that portion of the Room Poa Software and to the extent of the conflict.
  6. We may, at any time, with or without notice, conduct scheduled or unscheduled maintenance, which may make the Service unavailable or inaccessible for undetermined or unspecified time or duration.

 

 

Modified; October 29, 2019